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… of Record When Viewed in a Light Most Favorable to Dyke Supports His Malpractice Claims Against the Respondents. B. … are permitted when plaintiffs allege "particular facts in support of their claims of attorney incompetence . . . ." … was woefully insufficient in terms of both alimony/spousal support and equitable distribution.'" 376 N.J. Super 29, 34 …
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… contends his expert was qualified, and his opinions were supported "by generally accepted methods in the biochemical … that the expert's conclusions were primarily credibility determinations that rest within the province of the jury. See … all witnesses, the issue of their credibility will be a determination for the jury. The conclusions reached by Dr. …
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… not be disturbed on appeal unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … 284 (2008)). The judge's findings are binding on appeal if "supported by adequate, substantial, credible evidence." … 303 N.J. Super. 153, 155 (App. Div. 1997). He had been supporting the plaintiff, his former spouse, pursuant to the …
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… is arbitrary, capricious, and unreasonable, and is not supported by the evidence. Based on the idiosyncratic facts … good cause for a third extension 5 In addressing agency determinations, courts employ the words "reconsideration" and … Our scope of review of an administrative agency's final determination is limited. Allstars Auto Grp., Inc. v. N.J. …
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… claims in the PCR petition to be little more than unsupported expressions of defendant's dissatisfaction with … to object to particular evidence, the judge found, was not supported by the record. In addition, defendant's … counsel's failure to investigate alleged evidence were not supported by proof that any such evidence existed or, if it …
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… 2021. Eight days after entry of final judgment, defendant, supported by Neuert's certification, moved to vacate the … March 9, 2020. Exec. Order 11 A-3182-20 The trial judge's determination that there was excusable neglect for defendant's failure to redeem due to COVID-19 was not supported by the record. There was nothing in Neuert's …
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… will not reverse unless the findings are so mistaken and unsupported by the evidence that it is necessary to intervene. … 11 A-2523-19 of the trial court if those findings are supported by sufficient credible evidence in the record"). … based on the facts as found by the trial court that were supported by the evidence, to determine whether the trial …
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… Counsel (Rate Counsel) to file briefs on the issue; both supported Clinton's position on the jurisdictional question. … to the OAL for further proceedings. 8 A-2502-21 "The determination of whether an administrative agency has … shall be authorized to proceed in accordance with such determination. [N.J.S.A. 48:19-17 (emphasis added).] Contrary …
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… include: (1) motions to review pretrial detention determinations, see, e.g., United States v. Hohn, 8 F.3d 1301 … the amount of excludable time so long as those findings are supported by "sufficient credible evidence in the record." … time. There were sufficient facts in the record to support the trial court's finding that the three motions …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … contexts, we have recognized a strong public policy in support of citizen cooperation with law enforcement, even … that the bank's employee was racially motivated, that supports his LAD claim. The assumption that the man standing …
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… abandoned the cats when she fled the marital home with her children. The September 17, 2021 DJOD memorializes the trial … this court defers to a trial judge's factfinding when supported by adequate, substantial, and credible evidence. … 599, 615 (1997)). Where there is "satisfactory evidentiary support for the trial court 's findings . . . [we] should …
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… factors, the judge made the following findings and determinations: Aggravating factor three [N.J.S.A. … factors, the judge made the following findings and determinations: The court has carefully considered the … good repute in her community, and her extensive family support. Nevertheless, none of these factors militate in …
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… submitted a Statement of Financial Affairs (Statement) in support of the bankruptcy petition. The Statement required … on prior statements made in their bankruptcy matter. In support of their argument, plaintiffs assert they disclosed … bad faith or offend the integrity of the judicial system to support dismissal of their personal injury action. We …
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… issuance of certificates of occupancy (CO) and other determinations regarding a three-story, fifty-unit motel, … 237 N.J. 465, 475 (2019). We will uphold an agency's determination "'unless there is a clear showing that it is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… (App. Div. 2010) ("Mootness is a threshold justiciability determination rooted in the notion that judicial power is to … of plaintiffs' counsel, John V. Salierno Esq., supporting the enforcement motions; the August 19, 2021 … 447 N.J. Super. at 440-41 (upholding the trial court's determination that the parties had not entered into an …
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… Oct. 4-8, 2021 in Atlantic City. There is simply no reason supported by law why OSC cannot be granted the same access … . . ." We find no abuse of discretion in the judge's determination that OSC properly wielded their statutory … Project was not an "agency action" or an "agency determination" that requires rulemaking pursuant to the APA. …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very 9 … argues that the State failed to present sufficient proof to support his conviction of driving under the influence of … but Judge Jones found that there was other evidence that supported Burzachiello's testimony that defendant smoked the …
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… ("Bald assertions are not capable of 8 A-2612-17T1 either supporting or defeating summary judgment."). In light of the … any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … judgment in favor of a defendant, without more, does not support a finding that the plaintiff filed or pursued the …
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… Barker, 407 U.S. at 522. However, a trial judge's factual determination on a speedy trial issue "should not be … caused the delay, yet he failed to provide any factual support for his bald assertion. Officer Van Gough arrested … municipal court and the record otherwise lacks evidence to support his contention, we conclude the Law Division did not …
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… clause are ambiguous, 'courts apply the meaning that supports coverage rather than the one that limits it.'" … 'a court should not engage in a strained construction to support the imposition of liability.'" Ibid. (quoting … of the language, courts apply the meaning that supports coverage rather than the one that limits it." …